Suspect classes are groups that have historically faced discrimination and therefore receive heightened judicial protection under the Equal Protection Clause. The Court has identified race, national origin, and religion as suspect classes. When laws classify people by these categories, courts apply strict scrutiny, the highest level of review.
The Supreme Court created suspect class doctrine to address the reality that some groups are politically powerless and targeted by majorities. African Americans, Asian Americans, and Latinos have faced systematic discrimination. Laws specifically banning interracial marriage or segregating schools based on race get strict scrutiny and almost certainly fail. The Court has discussed but not formally recognized additional suspect classes: gender (gets intermediate scrutiny, harder than rational basis but easier than strict scrutiny), alienage (non-citizens), and disability (though Section 2 of the Fourteenth Amendment explicitly addresses disability).
Suspect classes aren't permanently fixed. They can evolve as courts recognize new historical patterns of discrimination. The doctrine remains contested: conservative justices worry it gives courts too much power to second-guess democratically enacted laws, while progressive justices argue historical discrimination demands heightened protection.
Suspect class doctrine protects minorities from majoritarian discrimination. Groups that lack political power get stronger constitutional protection because they can't protect themselves through voting.
People often think all classifications are equally dangerous. In practice, the Court treats some (race) as suspect requiring strict scrutiny, others (gender) as requiring intermediate scrutiny, and most as needing only rational basis review.
Suspect class doctrine protects minorities from majoritarian discrimination. Groups that lack political power get stronger constitutional protection because they can't protect themselves through voting.
People often think all classifications are equally dangerous. In practice, the Court treats some (race) as suspect requiring strict scrutiny, others (gender) as requiring intermediate scrutiny, and most as needing only rational basis review.